Smith issues apology over defence abuse

Stephen Smith is expected to announce a high-level judicial inquiry into allegations of sexual and other abuse within the Australia Defence Force this week. Photo: Alex Ellinghausen

John Kerin

KEY POINTS

The Defence Minister says some senior members of the service turned a blind eye to abuse.

An inquiry will look at complaints going back to the 1950s.

It will also consider whether a royal commission is needed to investigate rapes at the ADF Academy and abuse of minors at HMAS Leeuwin.

Defence Minister Stephen Smith made a historic apology to those who have suffered sexual or other abuse while serving in the Australian Defence Force or Defence Department.

He also said a judicial inquiry would investigate up to 1000 complaints of sexual and other abuse in the defence forces dating back to the 1950s.

The inquiry will consider whether a royal commission is warranted into a series of 24 rapes of young women at the Australian Defence Force Academy in the 1990s and the abuse of minors at the former HMAS Leeuwin in Western Australia in the 1960s and 1970s.

Given a royal commission is about to begin into child sexual abuse across Australia, creating a royal commission to look at the defence forces would be a big step for the government.

Mr Smith told Parliament that colleagues and senior members of the defence forces had turned a blind eye to abuse.

“To those men and women in the Australian Defence Force or the Department of Defence who have suffered sexual or other forms of abuse, on behalf of the government I say sorry,’’ Mr Smith said.

Defence Force chief David Hurley also said sorry to abuse victims, saying there were some in the force who failed to understand the responsibility rank imposed and the need to avoid domineering, belittling or predatory behaviour.

“On behalf of the ADF, I say that I am sorry to those who have suffered sexual, physical or mental abuse while serving in the ADF,’’ General Hurley said.

Mr Smith announced on Monday the government’s response to the DLA Piper review of sexual or other forms of misconduct, which received complaints from more than 1000 people.

The judicial inquiry, led by former judge and defence force judge advocate General Len Roberts-Smith, QC, will consider each complaint and determine whether avenues such as counselling, paying compensation worth up to $50,000 or referral of abusers for criminal investigation are warranted.

Abusers who are still in the service could also be referred to the military justice system or other Defence processes.

Mr Smith conceded that if every claimant was successful it could cost the federal government more than $37 million, but he said some had indicated they might be satisfied with an apology. The inquiry would not prejudice complainants from seeking legal redress in other ways.

The cost would be met by the defence force.

Mr Smith commissioned the inquiry after the so-called Skype scandal at the Australian Defence Force Academy in April 2011, in which video of a female cadet having consensual sex with another cadet was streamed to his friends in another room without her knowledge.

Mr Smith said there could be “crossover’’ with the commission into child abuse called by Prime Minister Julia Gillard because some of those abused at HMAS Leeuwin were younger than 16.

BY John Kerin

John writes about defence, national security and foreign
affairs from our Canberra bureau.